...date was unauthorised. In terms of clause 9.3.12 of the standing order, the appellants treated this absence for more than 10 days as termination of the contract of service as he was deeme...' back wages in addition to holding that clause 9.3.12 of the standing orders as invalid. Hence, this appeal by special leave.2. The above facts alone are sufficient to indicate that...there was no occasion for the High Court to entertain the writ petition directly for adjudication of an industrial dispute involving the termination of disputed questions of fact for which remedy under...

..., it was held that mere absence of termination clause or a specified period would not convert revocable licence into an irrevocable one. Again, this judgment has no applicability as far as enforcement...absence of specific clause authorizing and enabling either party to terminate the agreement in the event of happening of events specified therein, from the very nature of the agreement which was a...) of Specific Relief Act provides that a contract which is in its nature determinable cannot be specifically enforced, whereas clause (d) of sub-clause(1) of Section 14...

.... Clause 5 of the agreement provides that the author is alone entitled to revise the book which is again inconsistent with a grant of a perpetual nature.Therefore the mere absence of a ...lead to the inference that the contract is perpetual. On the contrary the absence of termination clause together with absence of any stipulation as regards duration thereof would...November, 2013 pointing out that the alleged termination was illegal and not sustainable in the eye of law. It is further alleged that in violation of the agreement dated 7 November, 1981 the books...

.... In the absence of termination of Clause XXIII of the Memorandum of Settlement, the benefit accrued cannot be taken away. He relies upon the judgment of the Apex Court in...ORDER OF REFERENCE1. Petitioners have filed these writ petitions praying therein to reckon the past service rendered by them as temporary employees before their absorption...in service under the Corporation for the purpose of computing the pensionary benefits. Learned counsel for the KSRTC has drawn my attention to a decision in District Transport Officer v...

...said, the lease did not stipulate a forfeiture clause and in the absence of a forfeiture clause in the lease leading to termination by forfeiture, the contractual tenancy was subsisting under the...subsistence of the lease. Admittedly, the lease does not have a forfeiture clause so as to bring the matter within the ambit of Section 111(g) of the Transfer of Property Act. The application for...;(b) save as provided in clause (a), any sum paid in excess of the agreed rent whether before or after the commencement of this Act, in consideration of the grant, cont...

...formal order of cancellation of the petitioner's engagement. There is evidence to the effect that the petitioner sought renewal of the agreement but in the absence of any specific clause postulati...the petitioner with the District Magistrate in this regard does not appear to have specified duration. As per Clause 11 of the agreement, the district administration is vested with the power to...Aniruddha Bose, J.:— The petitioner has been engaged as a storing agent for various “relief commodities” in respect of Hemtabad block under the district of Uttar Dinajpur. The agreement of...

...18, 1984. Amendment brought about in the definition of retrenchment does not operate retrospectively and, therefore, the case of the workmen-respondents is not governed by this clause. In the absence...of this clause, the termination even though by efflux of time would be covered by the definition of retrenchment as it stood prior to August 18, 1984 and, therefore, the Labour Court was right in...termination of their services gave rise to industrial disputes which were referred for adjudication under Sub-section (1) of...

...without allowances or extraordinary leave.”This provision reveals that the authority which sanction the pension may commute the period of absence without leave into leave without allowance or extraordinary leave. The ...Clause 4.22 of the Rules. Clause 4.22 of the Rules reads as follows:-“4.22 The authority which sanctions the pension may commute retrospectively periods of absence without leave int...for computation of previous period. While deciding the case, I had referred to Clause 4.23 of Chapter V of the Punjab Civil Service Rules, Volume II (for short ‘the Rules’) and held that it was not...

...irrevocable. The mere absence of a termination clause or a specific period of licence would not by itself convert a revocable licence to an irrevocable one. The most important aspect of the matter...that without prejudice to their plea that the plaintiff is a pure licencee and has no right to remain in the premises in question after termination of the licence, the defendants assure this Court...inasmuch as it had no termination clause and the same was in perpetuity as there was no period prescribed for the licence. The only condition was that the licence fee could be increased from time to time...

...only the financial expenditure and in the absence of termination whether the risk purchase clause could be invoked. By the order dated 21.5.2009 such invocation was prima facie held to be unjustified...that the purchase order besides the risk purchase clause contained an arbitration clause and also barred the jurisdiction of this Court. As clause 26 of the Purchase Order specifically provided that all...jurisdictional clause cannot be invoked in the instant case as no specific Court has been mentioned and clause 1.2 of the agreement warrants supply to the diverse steel plants. Therefore, the jurisdictional...

.... Ram Bahagat, [2002 (4) L.L.N 25]. The Supreme Court held that even if there is a clause in the Standing Order providing for automatic termination of services due to absence without leave for some days still d...essential for the employer to hear the workman before terminating the services. Unauthorised absence for four days may be misconduct and good ground for termination of service, however, it must be...as he abandoned the job due to four days absence, i.e, from 4 to 7 May, 1978 in accordance with the Certified Standing Orders of the Milk Board. (However, the Labour Court held that the workman had...

....1993 (3) SCC 259, wherein similar clause, permitting termination without inquiry on the ground of absence from duty, was held to be...services were terminated on the ground of absence from duty w.e.f 1.4.1980, by relying upon Clause 37 of the standing orders applicable to the establishment of the management. The workman.... Contention that once termination is found to be bad, in absence of mitigating circumstances, backwages must follow, cannot be accepted in view of law laid down by the Hon'ble Supreme in...

.... 11. It is an admitted fact that Ex.A1/lease Agreement does not contain any clause in respect of the termination of the lease. Now we must see, in the absence of ...any clause for termination. Therefore, it is the submission of the learned counsel that the Judgments rendered by both the Courts below are contrary to the evidence. Hence, he prayed to interfere with.... " 13. According to the above section, whenever the lease agreement has no clause in respect of the termination, then such lease must deem to be terminable subject to the provisions ...

...wants to take benefit of clause- 14, i.e. absence. 14. In this background, this Court is of the view that such situation cannot be treated absence under .... 9. Learned counsel for the Bihar State AIDS Control Society submits that as per clause-24 of the agreement, absence of any person who is employed on contract basis without...justification for continuous period of three days including absence, when leave though applied for, is not granted or when over stay for more than three days, would entail termination of service without...

...the company had not complied with the provisions of section 25-F before issuing order of termination. So far as the misconduct under Clause 24(f) of the Standing Orders is concer...Court. According to the respondent company, the services of the workman were terminated on account of his habitual absence and pursuant to Clause 24(f) of the Standing Orders. The said clause read...terminated. Habitual absence is a misconduct within the meaning of Clause 24(f) of the Standing Orders, however, the said misconduct has to be established and in this case, no opportunity was given to the...

...determinable. Merely because, the present contract has a fixed term of four years, it would not ipso facto mean that the contract cannot be terminated. Absence of a termination clause in the agreeme...the plaintiff. (ii) Secondly, he relies upon clause 8.3 of the Agreement according to which in the eventuality of termination of the contract by the defendants, the...get renewed automatically after the Initial Term for a period of 04 years each ("the Subsequent Term") unless terminated in accordance with Termination Clause 8. The...

...without consent. This is not the Petition under section 11 of the Act. The basic terms of appointment of the arbitrator is relevant factor. In absence of any arbitration clause the parties consent...passed in Appeal No. 401 of 2004 and shall continue until final disposal/termination of the arbitration proceedings and for a period of 8 weeks thereafter”.3. However, for the reasons...as filed, is not maintainable for want of any Arbitration clause/proceedings itself.5. On 21st May, 2008 the Arbitrator expired. In view of this, as per section 14(1) of...

...question of fact. Termination of contract in the absence of arbitration clause cannot be 5 agitated in t... IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL... FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 WP(C) NO. 24762 OF 2015 PETITIONER...

...absence without informing the MGNREGA authorities constituted a breach of clause 4(iii) of the agreement, justifying termination. Petitioner was duly served with a show cause notice before ...inspection. The petitioner responded to the notice. Subsequently, a brief inquiry was conducted, and a report was submitted on 27.07.2010, leading to the termination of the petitioner's services...ex parte biased inquiry conducted by the Sarpanch, where a sole self serving statement from a class-IV employee without corroborative evidence led to the petitioner's termination under clause 4(iii...

...agreement. It is contended that it was illegal for the respondent to terminate the agreement. The second contention is that in the absence of any termination clause in the development agreement and the...24 months, with the grace period from the date of commencement certificate period as agreed in clause 8(iii). The appellant also agreed for payment of monthly rent of different slabs which varied from...Rs. 7,500/- per month to Rs. 15,000/- per month for different periods along with brokerage charges to each of the member. In clause No. 43, the parties agreed that the agreement was made subject to...